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Home My WebLink About09-0929-0917pp (2) No. 18 PROCEEDINGS OF THE CITY OF BUFFALO SEPTEMBER 29, 2009 PENSION PROCEEDINGS SEPTEMBER 17, 2009 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE SOUTH DISTRICT MICHAEL P. KEARNS MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS – ELLICOTT DEMONE A. SMITH – MASTEN MICHAEL J. LO CURTO – DELAWARE JOSEPH GOLOMBEK JR. – NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL-UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera, Joseph Golombek Jr. -Members CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana, Michael LoCurto, David Rivera-Members. RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Brian C. Davis, Richard A. Fontana, Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Members POLICE OVERSIGHT: Brian C. Davis, Chairman, Richard A. Fontana, David A. Rivera, Bonnie E. Russell, Demone Smith – Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, Jr, David A. Rivera, members INVOCATION PLEDGE TO FLAG DATE September 29, 2009 FINAL MAYOR MAYOR – EXECUTIVE 1. Cit Serv-Buffalo Weed and Seed Lower East Side Site Year 4 Funding APP 2. Cit Serv-Submission of Monthly Report-August 2009 R&F 3. Strat Plan-The Gardens Apartment PILOT APP 4. Strat Plan-Lease Agmt and Modification Agmt Btwn Bflo Soc of Natural Sciences & Cob Tifft Nature Preserve APP 5. Strat Plan-Report of Sale-26 Arkansas (Nia) APP 6. Strat Plan-Report of Sale-101 Gittere, 105 Gittere(Fill) APP 7. Strat Plan-Report of Sale-506 Marilla (South) APP COMPTROLLER 8. Audit Report-Gun Buy Back Program 8/15/09 FIN 9. Reward Fund-East Side Firebombing LEG 10. Appt Data Control Clerk (Perm)( Max)(Miranda) CS PUBLIC WORKS 11. Change in Contract-City Court Renovations(Ell)($102,518.30) APP 12. Change in Contract-City Court Renovations(Ell)($224,010.00) APP 13. Change in Contract-City Court Renovations(Ell)($281,368.00) APP 14. Change in Contract-Grider St Reconst (Mas) APP 15. Change in Contract-Kleinhans Music Hall Electrical Upgrade APP 16. Dingens St. Overhead Wiring R&F 17. Increase Encumbrance South Park Lift Bridge Emerg. Repairs APP 18. Permission to Accept BURA Grant APP 19. Permission to Accept/Execute Grant Agmt-Asarese Matters CC(North) APP 20. Permission to Hire Consultant City Hall Façade Rest.(Ell) APP 21. Permission to Increase Contract-Wendel Duchscherer APP 22. Permission to Purchase Computer (Mahiques) APP 23. Report of Bids- Large Water Meter Repl. APP 24. Report of Bids-2010 Tree Trimming APP POLICE 25. Drug Asset Forfeiture Wire Transfers Received May 2009 R&F CORPORATION COUNSEL 26. Appt Assistant Corporation Counsel II (Quinn)(Perm)(Min) CS PERMITS AND INSPECTIONS 27. Used Car Dealer-283 Broadway (Ell) LEG ADMINISTRATION AND FINANCE 28. Ad Price Phase II Senior Housing PILOT APP BUFFALO PRESERVATION BOARD 29. Req Approval Buffalo Landmark Designation 771 Busti(hrg 10/6) LEG BURA 30. Approval to Transfer 2 Homes in Sycamore Village(Ell) CD CITY CLERK 31. Liquor License Applications R&F 32. Notices of Appointments-Council Interns ADOPT 33. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 34. LP Ciminelli-Board Packet Documents Sept 2009 R&F 35- 34A. S. Colangelo-Response to Arson Reward Fund LEG 36- 35. Fact Sheet-Investigation and Cleanup-1318 Niagara St(Nia) R&F 37- 35A. R. Fontana-Concerns Water Service Line Insurance LEG 38- 36. J. Golombek-New Fish Health Regulations-Trans. of Emerald Shiner Minnows LEG 39- 37. NYSDOT-Route 33 Humboldt Parkway Reconnection COB-EC R&F 40- 38. NYSDEC-SEQR Lead Agency White Livery Apartments-430 Jersey R&F 41- 39. Olmsted Parks Conservancy Extends Fitness Camp R&F 42- 39A. Olmsted Pks Job Training Partnership Making A Diff. in Worker’s Lives FIN 43- 40. Proposed Agenda-GBNRTC R&F 44- 41. Y. Yafai-Various Correspondences-Re Complaints in Front of Store 1304 Jefferson(Mas) LEG RESOLUTIONS 57- 41A. Davis App to Transfer Two Homes in Sycamore Village Subdivision (hrg 10/13) CD 58- 41B. Davis Set Public Hrg Sycamore Vill Subdivison 15 Sydni Ln & 381 Sycamore ADOPT 59- 42. Franczyk, etc Common Council Req the Mayor to Inc Funding in the 2010-2012 Budget for Frank Lloyd Wrights Renovations ADOPT 60- 43. Kearns Bflo Lakeside Commerce Park imp to Sanitary Sewer Sys APP 61- 43A Kearns Taking Preventitive Measures During Flu Season ADOPT 62- 44. Smith Trailblazing Sign in Honor of Pastor Eula B. Foster APP 63- 45. Smith Comm of Deeds Public Duties ADOPT TABLE ITEMS ----------- # 105 9/1/09 K. Frizlen, Owner, Rezone 301,305,311 West Utica for Multi Family Housing (Nia)(hr 5/19) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 45- 1. Com 13 Sept 15 Notices of Appointments Temp/Prov/Perm (Cty Clk) R&F FINANCE 46- 2. No 14 Sept 15 Bflo Water System, Monthly Water Bd Report-August 2009 R&F 47- 3. Com 13 Sept 1 Additional Information on Federal Financial Assistance(Compt) R&F COMMUNITY DEVELOPMENT 48. Com 38 June 23 Correspondence Btwn COB & HUD re HUD’s Recent CDBG Program(AF) R&F 49. Res 89 June 9 The Need for Immediate Audit of BURA and BERC(except resolves) ADOPT LEGISLATION 50- 6. No 18 Sept 15 M. Glomb, Agent,Use 192 Porter Ave For a Free Standing Sign (no pub hrg)(Ell) RECOMMIT 51- 7. No 43 Sept 15 R. Sasala, Owner, Use 253 Allen, Expand Patio, Create 7 Pkg Spcs(Ell) (hrg 9/8)(#76,9/1) APP W/COND 52- 8. No 37 June 9 D&P Grzebielucha-Concerns Abandonment/Sale Portion of S Pierce(Lov) R&F 53- 9. No 69 May 26 M Moscati, Agent, Use 916 Delaware for a Ground Sign(Nia)(no pub hrg) APP 54- 10. No 70 May 26 M Moscati, Agent, Use 905 Delaware For a Ground Sign(Nia)(no pub hrg) APP 55- 11. No 35 May 12 R. Franke-Two-Year Term Limits R&F SPECIAL COMMITTEES POLICE OVER SIGHT 56- 12 No 87 Sept 30 Utilizing Crimereports.com/Crime Prev(#125, 4/15) ADOPT CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 29, 2009 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell, Smith - 9 Absent - 0 On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on September 15, 2009 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO 1 BUFFALO WEED AND SEED LOWER EAST SIDE SITE YEAR 4 FUNDING This is to advise the Honorable Common Council the funds for Year 4 of the Buffalo Weed and Seed Program, in the amount of $142,000 has been awarded to the City of Buffalo. This grant will allow Buffalo Weed and Seed to continue and expand it mission in the Lower East Side of Buffalo, inclusive of the Fillmore, Love Joy and Ellicott Council Districts, within Police District "C". During this project period law enforcement efforts will reduce street violent crimes such as drug dealing and aggravated assaults. Community policing goals will enhance police visibility and police presence in order to reduce quality-of-life crimes. Prevention, intervention, and treatment goals include a comprehensive approach for educational and skill enhancement, Healthy Life Choices/Character Development training, and substance abuse prevention, intervention, and treatment within the community. Neighborhood restoration goals will restore the neighborhood through increased home maintenance, housing rehabilitation and home ownership. Effective, this year, an interfund cash loan will no longer be available for this grant. Money will be drawn down as expenses are incurred and invoices will be paid, as the funds become available. These funds will be used to conform to the guidelines of the grant specified by the U.S. Department of Justice. Mr. Fontana moved: That the above communication from the Division of Citizens Services dated September 16, 2009, be received and filed; and That the Common Council be, and he hereby is authorized to accept the funds for Year 4 of the Buffalo Weed and Seed Program, in the amount of $142,000. PASSED AYES - 9 NOES - 0 NO 2 CIT SERV-SUBMISSION OF MONTHLY REPORT- AUGUST 2009 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of August 2009, as mandated by Section 6-20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO 3 STRAT PLAN-THE GARDENS APARTMENT PILOT Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie, and Atlantic Housing Foundation, Inc (or to be formed entity qualified to do business in New York). This Project known as the Gardens Apartments, located on along the corner of Eggert Road and Cleveland Drive in the City of Buffalo, County of Erie, involves the improvement of 276 rental units located in 76 buildings. All of the units will receive new roofs, front doors, and front stoops; new kitchen cabinets, countertops and sinks, energy star appliances including stove and refrigerator; completely remodeled bathrooms. Wiring will be inspected and updated. Carbon monoxide and smoke detectors will be installed. Extensive site work will be performed in the form of repaving all parking lots, installing new lots, replace concrete walks where required, installing a CCTV security system throughout the site, provide additional site lighting, and the installation of a new playground. A new office/laundry/maintenance facility will be built consisting of 3600 square feet. Units will be rented to qualifying individuals and families whose earnings are no greater than 60% of the area median income adjusted for family size as determined by the US Department of Housing and Urban Development. Rent will range from $533-$685 per unit. The amount of the PILOT payments is calculated based upon the City’s PILOT policy, which provides for the first payment in the amount of five percent (5%) of the total income of the proposed budget assuming a 5% vacancy. Therefore, the first PILOT payment of $104,035.75 is derived from a projected first year income of $2,056,295. Payments will thereafter increase by three percent (3%) per year for the duration of the fifteen (15) year PILOT agreement. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated September 15, 2009, be received and filed; and That the Common Council is hereby authorized to approve the PILOT Agreement, as attached to the communication, between the City, the County of Erie and Atlantic Housing Foundation, Inc. for the Project known as the Gardens Apartments, located along the comer of Eggert Road and Cleveland Drive in the City of Buffalo. The first PILOT payment of $104,035.75 is derived from a projected first year income of $2,056,295. Payments will thereafter by three percent (3%) per year for the duration of the fifteen (15) year PILOT increase Agreement. PASSED AYES - 9 NOES - 0 NO 4 STRAT PLAN-LEASE EXTENSION AND MODIFICATION AGREEMENT BETWEEN THE BUFFALO SOCIETY OF NATURAL SCIENCES ("SOCIETY") AND THE CITY OF BUFFALO FOR THE TIFFT NATURE PRESERVE The Tifft Nature Preserve has been in existence since the 1970's. For much of that time, the Society has operated and maintained the facility and grounds. The Tifft Nature Preserve lease entered into in 1998 between City as Landlord and the Society as Tenant expired in September of 2008. Although the lease provided for a 10-year term renewal/extension beyond September of 2008, the extension would have had to have been subject to Common Council approval. It had initially been the desire of the Society to negotiate with the City for the 10-year lease renewal in a manner which would result in an increase in City financial support ($10,000 minimum increase in annual operational funding and/or services) for the Society's operations/maintenance at Tifft Nature Preserve. Now however, the Society is agreeable to accept a simple extension (without any annual City funding and/or services - other than continued supply of water and sanitary sewer services at no charge). The Society needs to have the written Lease Extension and Modification Agreement in place shortly in order to facilitate a flow of grants to the Society for the benefit of the Tifft Nature Preserve. Attached is a proposed Lease Extension and Modification Agreement which extends the lease through June 30, 2019 and also updates or more sensibly restates certain provisions contained in the original lease which unnecessarily limited the City's rights and flexibility in the Tifft Nature Preserve premises and surrounding areas as to: 1. Rights of City to grant easements (to utilities, etc.) on the Tifft Nature Preserve 2. Re-development of parcels adjoining the Tifft Nature Preserve 3. Policing dumping/permitting dumping upon the Tifft Nature Preserve and in the area surrounding the Tifft Nature Preserve. Under the draft lease renewal: -the City would continue to supply the premises with water and sanitary sewer services without charge. - the Society would continue to be responsible for utilities, refuse collection, snow removal as necessary and nature preserve facility and grounds operation and maintenance (keep and lawfully care for wildlife/habitat/vegetation/land and water resources with the highest standards applicable to nature preserves, environmental education center and passive recreational area). Please note that notwithstanding the foregoing, the City has been providing refuse collection free of charge at Tifft Nature Preserve for as long as nature preserve staffers can remember. The attached Lease Extension and Modification Agreement acknowledges these facts/practices and provides that the City's refuse collection can be discontinued at the discretion of the City's Commissioner of Public Works, Parks and Streets in which event the Society would be obligated to engage alternate refuse collection at its own expense. -Society to continue to provide adequate general liability insurance (minimum $6,000,000) coverage and workers compensation coverage. -Society has the right to cancel the lease if Society determines that Society can no longer afford to properly operate the facility or if the facility grounds suffer environmental degradation. -There is no rental paid to the City by Society. -City is not obligated to fund operations or improvements. I am requesting that Your Honorable Body authorize the Mayor to execute a Lease Extension and Modification Agreement in substantially the same form and substance as is attached to this communication, with only such clarifications and modifications as are recommended by the Corporation Counsel's Office in conjunction with finalizing the final form of the Agreement with the Society. I am further requesting that your Honorable Body authorize the Mayor and/or other pertinent City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the Lease Extension and Modification Agreement in its final form. Mr. Fontana moved: That the above communication from the Office of Strategic Planning, Division of Real Estate dated September 21, 2009, be received and filed; and That the Mayor be, and he hereby is authorized to execute a Lease Extension and Modification Agreement in substantially the same form and substance as attached to this communication, with only such clarifications and modifications as are recommended by the Corporation Counsel's Office in conjunction with finalizing the final form of the Agreement with the Buffalo Society of Natural Sciences and the City of Buffalo for the Tim Nature Preserve. That the Mayor be, and he hereby is authorized to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the Lease Extension and Modification Agreement in its final form. PASSED AYES - 9 NOES - 0 NO 5 STAT PLAN-REPORT OF SALE 26 ARKANSAS (NIA) Report of Sale 26 Arkansas, 76' W Plymouth Lot Size: 23' x 80' Assessed Valuation: Land $2,800.00 Improvement: $34,200.00 Total $37,000.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Du Ngoc Nguyen, 234 Massachusetts Avenue, Buffalo, New York 14213 to purchase 26 Arkansas Street. Mr. Nguyen intends to renovate the dwelling and use as a rental property for a family member. The estimated cost of renovations is Thirteen Thousand Eight Hundred Dollars ($13,800.00). He has provided proof of financial ability to complete the purchase and repair of the property in the amount of Forty Six Thousand Seven Hundred Dollars ($46,700.00). The property consists of 1,800 square feet, two family four bedroom frame home situated on a lot 23' x 80'. The property was acquired by the City through In Rem #41 in October 2007. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sale prices of similar properties in the subject area range from Four Dollars and Forty-Seven Cents ($4.47) to Twelve Dollars and Sixty-Three Cents ($12.63), per square foot of living area. The results of our negotiations are that Mr. Du Ngoc Nguyen has agreed and is prepared to pay Ten Thousand Dollars ($10,000.00), Six Dollars and Forty-Eight Cents ($6.48) per square foot of living area for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 26 Arkansas Street to Mr. Du Ngoc Nguyen in the amount of Ten Thousand Dollars ($10,000.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated September 18, 2009 be received and filed and; That the offer from Mr. Du Ngoc Nguyen, residing at 234 Massachusetts Avenue in the sum of Ten Thousand Dollars ($10,000) for the purchase of 26 Arkansas Street, be and hereby is accepted; and that the transfer taxes, recording fees and cost of legal descriptions shall be paid by the purchaser and That the office of Strategic Planning be authorized to prepare the necessary documents and the Mayor be authorized to execute the same. PASSED AYES - 9 NOES - 0 NO 6 STRAT PLAN-REPORT OF SALE-101 GITTERE, 105 GITTERE (FILL) Report of Sale 101 Gittere, 196.66' N Sycamore Lot Size: 30'x 107' Assessed Valuation: $1,000.00 105 Gittere, 226.66' N Sycamore Lot Size: 30' x 107' Assessed Valuation: $1,400.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Arthea M. Barker, 114 Ruhland Avenue, Buffalo, New York 14211 to purchase the above referenced properties. Mrs. Barker owns and resides at 114 Ruhland and also owns a vacant lot at 108 Ruhland, which are adjacent to the lots at 101 and 105 Gittere. She intends to beautify the area and use the vacant lots for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty-Five Cents ($.65), per square foot. The report of sale is that Mrs. Barker has agreed and is prepared to pay Two Thousand Eight Hundred Dollars ($2,800.00), Forty-Three Cents ($.43) per square foot for the subject properties. She has also agreed to pay for the cost of the transfer tax and recording fees. Results of Negotiations - 101 & 105 Gittere I am recommending that Your Honorable Body approve the sale of 101 and 105 Gittere to Mrs. Arthea Barker in the amount of Two Thousand Eight Hundred Dollars ($2,800.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated September 17, 2009, be received and filed; and That the offer from Mrs. Arthea M. Barker, residing at 114 Ruhland Avenue in the sum of Two Thousand and Eight Hundred Dollars ($2,800.00) for the purchases of 101 and 105 Gittere, be and hereby are accepted; and That the transfer taxes, recording fees and cost of legal descriptions shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO 7 STRAT PLAN-REPORT OF SALE 506 MARILLA (SOUTH) Report of Sale 506 Marilla, 554.35' E South Park Lot Size: 32'x 117' Assessed Valuation: $5,400.00 (South District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Thomas Huzinec, 508 Marilla Street, Buffalo, New York 14220 to purchase 506 Marilla Street. Mr. Huzinec owns and resides at 508 Marilla, which is adjacent to 506 Marilla. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mr. Thomas Huzinec has commissioned Pamela Breidenstein of Breidenstein Appraisals, Inc., to estimate the Fair Market Value of the subject property. She has estimated the Fair Market Value to be Two Thousand Five Hundred Dollars ($2,500.00). Similar lots in the subject area sell for between $.65 to $1.35 per square foot. The majority of sales are in the low range of value. The purchaser has agreed to pay $2,500, $.67 per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Mr. Huzinec has agreed and is prepared to pay Two Thousand Five Hundred Dollars ($2,500.00) for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 506 Marilla to Mr. Thomas Huzinec in the amount of Two Thousand Five Hundred Dollars ($2,500.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning, Division of Real Estate dated September 17, 2007, be received and filed; and That the offer of Mr. Thomas Huzinec, 508 Marilla Street, in the sum of Twenty-five hundred dollars ($2,500) for the purchase of 506 Marilla Street, be and hereby is accepted; and That the transfer taxes, recording fees and cost of legal descriptions shall be paid by the purchaser, and; That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer and that the Mayor be authorized to execute the same in accordance with the terms of sale upon which it was submitted. PASSED AYES - 9 NOES - 0 NO 8 AUDIT REPORT - GUN BUY BACK PROGRAM 8/15/2009 We have performed a review of the Gun Buy Back Program as performed by the Buffalo Police Department on August 15, 2009. We present here our conclusions, as well as other such findings as we believe are appropriate. It was the objective of this Audit to review the procedures followed during the gun buy back program on August 15, 2009, which consisted of the purchase of firearms using a "no questions asked/ no identification required" format, administered by the Department of Police. In order to meet our objective we followed the following procedures: 1) We reviewed the procedures followed by the police officers in categorizing the type of weapon in one of the four categories: non- working/antique ($10.00), rifles/shotguns ($50.00), handguns ($75.00) and assault weapons ($100.00), placing an inventory tag on the weapon and immobilizing the weapon. 2) We reviewed the procedures followed by the report technicians in writing the information from the inventory tag on a summary sheet and entering the amount from the summary sheet to activate the debit card used as payment. 3) We reviewed the inventory of debit cards issued to the report technicians to be sure that cards issued to the public plus voided cards and any unused cards equaled the amount of cards issued to the report technicians. 4) We reviewed the weapons to make sure an inventory card and an immobilization tag was on each weapon with the same control number. 5) We preformed a complete count of the confiscated weapons to make sure they were categorized correctly. 6) We compared the written reports of cards issued and their amounts to the report prepared by the bank for cards issued. Our findings and recommendations are explained in greater detail in the attached Audit Report. The Audit team came away with four specific comments. Given that this was a program of limited time and scope, an exit conference was not scheduled. This was the third year of the program, and lessons learned from the previous events proved useful this time around. At this time, we would congratulate the Mayor's Office and Police Commissioner Gipson for matching the previous year's successful program. One can argue whether removing these guns has an effect on crime, but there can be no doubt that keeping these weapons out of the hands of untrained persons promotes safety and prevents tragedies. We would also like to thank Richard Calipari, the City's Investment & Debt Management Officer for all the work he put into coordinating the use of debit cards and technical training for the program. In total, 711 guns were received, and $34,645 in Debit Cards were issued (including a $100 variance due to errors in weapon classification and a card incorrectly issued for a total of $34,545). The City received 202 non-working/antiques at a dollar amount of $2,020.00; 230 rifle/shotguns at a dollar amount of$11,500.00; 275 handguns at a dollar amount of $20,625.00 and 4 assault weapons at a dollar amount of $400.00. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMPTROLLER NO 9 REWARD FUND-EAST SIDE FIREBOMBING Reward Fund-East Side Firebombing Item No. 63, C.C.P. 9/15/09 You have requested a response from the Comptroller regarding the possibility of establishing a fund to reward individuals who provide information leading to the arrest and conviction of fire-bombers connected with Barthel Street arsonists, as well as other violent crimes related to actions against block club organizers or organizations. This office is duly concerned about the safety and wellbeing of all citizen activists and stands firmly in the belief that every crime should be investigated and prosecuted to the fullest extent of the law. We believe a reward fund my be helpful in any number of crimes, particularly when the Police Department’s investigatory tools have reached their limits. We would recommend that any reward fund be set within reasonable levels and have an adequate source of funding. It is our understanding that illegal dumping rewards are made available through the Law Department’s Claims process, which allows for sufficient investigation to establish that the reward should be paid to the appropriate claimant. Any reward fund that does not have an outside or separate source of funding should be operated in the same manner. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. REFERRED TO THE COMMITTEE ON LEGISLATION NO 10 APPT DATA CONTROL CLERK (PERM)(MAX) (MIRANDA) CERTIFICATE OF APPOINTMENT Appointment effective September 17, 2009 in the Department of Audit & Control Division of Accounts Payable to the Position of Data Control Clerk Permanent, Maximum, at the starting salary of $36,164. Helen A. Miranda, 7 Susan Lane, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 11 CHANGE IN CONTRACT-CITY COURT RENOVATIONS(ELL)($102,518.30) Change in Contract City Court 2007 Renovation Job #0704 I hereby submit to Your Honorable Body the following changes for City Court, 2007 Renovations, Electrical Work, CIR Electrical Construction Corp., C#93000133. 1. Wage rate increase due to construction schedule delay. Add $2,271.00 2. Provide and install additional electrical changed necessary for ADA compliance in Child Drop Off and Care Area. Add $2,897.30 The foregoing change results in a net increase in the contract of Five Thousand One Hundred Sixty Eight and 30/100 Dollars ($5,168.30). Summary: Original Contract Amount $ 73,750.00 Change Order (#1) Add $ 23,600.00 Amount of This Change Order Add $ 5,168.30 Revised Contract Amount $102,518.30 Costs have been reviewed by the consulting architect (BHNT Architects, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30320306 445100 – Division of Buildings Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 23, 2009, be received and filed; and That the Commissioner of Public Works Parks and Streets be, and he hereby is authorized to issue change order No. 2, to CIR Electrical Construction Corp., an increase in the amount of $5,168.30, as more fully described in the above communication, for work relating to Job No. 0704, City Court, 2007 Renovations, Electrical Work, C#93000133. Funds for this project are available in 30320306 445100 – Division of Buildings. PASSED AYES - 9 NOES - 0 NO 12 CHANGE IN CONTRACT-CITY COURT RENOVATIONS (ELL)($224,010.00) Change in Contract City Court 2007 Renovations Job #0704 Ellicott District I hereby submit to Your Honorable Body the following changes for City Court, 2007 Renovations, Plumbing Work, L & D Johnson Plumbing & Heating Co., C #93000130. m 1. Furnish and install cover for existing fin radiation in the 7floor Add $ 3,196.00 conference room, Vulcan Linovector model dtp4, approximately 42" long with 2 end caps. Modify existing piping to install cover as needed. th 2. Duct work changes at 7floor conference room. Add $ 2,776.00 3. Provide and install stainless steel single bowl, ADAcompliant Add $ 3,673.00 sink with single lever faucet and all appropriate strainer, traps and waste and supply insulated coverings; all required rough plumbing hot and cold supply lines and waste drain lines and vent. The foregoing change results in a net increase in the contract of Nine Thousand Six Hundred Forty Five and 001100 Dollars ($9,645.00). Summary: Original Contract Amount $ 66,906.00 Change Order (#1) Add $ 17,459.00 Amount of This Change Order Add $ 9,645.00 Revised Contract Amount $224,010.00 Costs have been reviewed by the consulting architect (BHNT Architects, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30320306 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 23, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to L&D Johnson Plumbing and Heating Co., an increase in the amount of $9,645.00, as more fully described in the above communication, for work relating to Job No. 0704, City Court, 2007 Renovations, Plumbing Work, C #93000130. Funds for this project are available in 30320306 445100 - Division of Buildings. PASSED AYES - 9 NOES - 0 NO 13 CHANGE IN CONTRACT-CITY COURT RENOVATION (ELL)($281,368.00) Change in Contract City Court 2007 Renovations Job #0704 I hereby submit to Your Honorable Body the following changes for City Court, 2007 Renovations, General Construction, R.B. Mac Construction, C #93000127. 1. Provide all labor and materials for Child Drop Off and Care Area Add $ 16,424.00 (see attached). The foregoing change results in a net increase in the Contract of Sixteen Thousand Four Hundred Twenty-Four and 00/100 Dollars ($16,424.00). Summary: Original Contract $246,000.00 Change Order (#1) Add $ 18,944.00 Amount of This Change Order (#2) Add $ 16,424.00 Revised Contract Amount $281,368.00 Costs have been reviewed by the consulting architect (BHNT Architects, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30320306 445100 – Division of Buildings Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 23, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to R. B. Mac Construction, an increase in the amount of $16,424.00, as more fully described in the above communication, for work relating to Job No. 0704, City Court, 2007 Renovations, General Construction, C #93000127. Funds for this project are available in 30320306 445100 - Division of Buildings. PASSED AYES - 9 NOES - 0 NO 14 CHANGE IN CONTRACT-GRIDER ST RECONST (MAS) Change in Contract Grider Street Reconstruction Project Contract #93000047 PIN #5756.51 Masten District PRIOR COUNCIL REFERENCE: Item #39 C.C.P. 07/24/07 Contract Summary: Contract Amount $4,990,346.00 + Amount of this change order (#1) $ 176,805.67 Revised Contract Amount $5.167.151.67 City share of Change Order (#1) - 5% or $8,840.28 I hereby submit to your Honorable Body the following change for this contract. Accadia Site Contracting, Inc. is the General Contractor for the Grider Street Road Reconstruction Project for the City of Buffalo. This project involved the reconstruction of the entire roadway. It also included the installation of new curbs, street lighting, sidewalks, traffic signals and landscaping. This increase is necessary due to additional work required to remove the old trolley-track railbed from Grider Street. This is a federally funded project. The funding is 80% Federal, 15% State and 5% City. I respectfully certify that this increase is fair and equitable for the work involved. I also respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $176,805.67. Of this amount, 5% or $8,840.28 is the City share of the change. The Federal and State portions (95%) have already received approval. The funds are available in Capital Project Account #31470006-445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 15, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Accadia Site Contracting, Inc., an increase in the amount of $176,805.67, as more fully described in the above communication, for work relating to Grider Street Reconstruction Project, PIN #5756.51, Contract #93000047. Funds for this project in the amount, 5% or $8,840.28 is the City share of the change order and are available in Capital Project Account #31470006-445100. PASSED AYES - 9 NOES - 0 NO. 15 CHANGE IN CONTRACT KLEINHANS MUSIC HALL ELECTRICAL CAPABILITY UPGRADE NIAGARA DISTRICT I hereby submit to Your Honorable Body the following changes for Kleinhans Music Hall, Electrical Capability Upgrade, Industrial Power & Lighting Corp., C #93000306. Provide and install steel trolley beam above the stair leading down to the transformer vault required by National Grid for lifting the old transformers out of the vault and to aid in the installation of the new transformers. The foregoing change results in a net increase in the contract of Two Thousand Five Hundred Forty Three and 00/00 Dollars ($2,543.00). Costs have been reviewed by the consulting architect (HHL Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30320706 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 23, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Industrial Power & Lighting Corp., an increase in the amount of $2,543.00, as more fully described in the above communication, for work relating to Kleinhans Music Hall, Electrical Capability Upgrade, C #93000306. Funds for this project are available in 30320706 445100 - Division of Buildings. PASSED AYES - 9 NOES - 0 NO. 16 DINGENS STREET; OVERHEAD WIRING This department is in receipt of a permit application from National Grid to replace 19 poles and related overhead wiring on Dingens Street between Bailey Avenue and Weaver Street. Because Dingens Street is designated for pole removal as described in Chapter 330 (Poles and wires) of the City Charter, this department is notifying your Honorable Body that a variance has been granted to National Grid which will allow them to replace the overhead wiring. RECEIVED AND FILED NO. 17 INCREASE ENCUMBRANCE SOUTH PARK LIFT BRIDGE EMERGENCY REPAIRS ITEM# 19, CCP 4/14/2009 As authorized by Your Honorable Body in the aforementioned resolution 1 have issued emergency bridge repair orders for the necessary repairs of two cracked floor beam on the South Park Avenue Lift Bridge. As work on the bridge progressed it was discovered that the magnitude of the repairs was more than originally anticipated. I am requesting your Honorable Body approve change orders for the repairs as follows: Hohl Industrial Services Original Amount: $38,400.00 Additional for Design, Fabrication, UT Testing, Anchors: $7,347.00 Updated Amount: $45,747.00 TVGA Consulting Engineers Original Amount: $16,500.00 Additional for Design, Engineering and Inspection: $2,000.00 Updated Amount: $18,500.00 Funds for this change order are available is Account 31310606-445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 22, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Hold Industrial Services, an increase in the amount of $7,347.00; and to TBGA Consulting Engineers, an increase in the amount of $2,000.00, as more fully described in the above communication, for work relating to South Park Lift Bridge Emergency Repairs. Funds for this project are available in Account 31310606-445100. PASSED AYES - 9 NOES - 0 NO. 18 PERMISSION TO ACCEPT B.U.R.A. GRANT MONIES The Department of Public Works, Parks & Streets is hereby requesting permission from Your Honorable Body to allow this department to accept the grant money from B.U.R.A. in the amount of $1,000,000.00 for the use of resurfacing of City Pavements - 2009; Group 703. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 14, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to accept the grant money from the Buffalo Urban Renewal Agency in the amount of $1,000,000.00 for the use of City Pavements - 2009, Group 703. PASSED AYES - 9 NOES - 0 NO. 19 PERMISSION TO ACCEPT/EXECUTE GRANT AGREEMENT RENOVATION OF THE ASARESE-MATTERS COMMUNITY CENTER [COMMUNITY CAPITAL ASSISTANCE PROGRAM (CCAP) [NORTH DISTRICT Please be advised that our department is in receipt of a $ 50,000 grant from Dormitory Authority of the State of New York (DASNY) for renovation of the Assures-Matters community center, including purchase of equipment. Therefore, permission is being requested from your Honorable Body to accept the grant and allow the Commissioner of the public Works, Parks and Streets to enter into and execute all related documents and agreements associated with the project. The City's share of costs will be available in the bound account reserved for local match. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 23, 2009, be received and flied; and That the Common Council authorizes the acceptance of the grant in the amount of $50,000 from the Dormitory Authority of the State of New York for renovation of the Assures-Matters Community Center and authorizes the Commissioner of Public Works, Parks and Streets to enter into and execute all related documents and agreements associated with the project. The City's share of costs will be available in the bond account reserved for local match. PASSED AYES - 9 NOES - 0 NO. 20 PERMISSION TO HIRE CONSULTANT CITY HALL FACADE RESTORATION, PHASE 3 JOB #0746 ELLICOTT DISTRICT Permission is hereby requested from Your Honorable Body to retain a consultant to prepare plans and specifications and provide construction assistance for the Third Phase of the City Hall Facade Restoration. This project was approved as part of the Capital Improvement Plan. Funds are available in 38320806 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 23, 2009 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to retain a consultant to prepare plans and specifications and provide construction for the Third Phase of the City Hall Fa9ade Restoration. Funds for this project are available in 38320806 445100 - Buildings. PASSED AYES - 9 NOES - 0 NO. 21 PERMISSION TO INCREASE CONTRACT WENDEL DUCHSCHERER CONTRACT# 93000288 CITYWIDE I hereby submit to Your Honorable Body the following change for this Contract. Wendel Duchscherer is the engineering consultant for the Citywide Tree Management Project for the City of Buffalo. This increase is necessary for additional services in order to provide uninterrupted services through April 30, 2010. This will allow DPW sufficient time to engage the RFP process and have the next tree management contract in place. This includes additional time for data management, service calls, construction inspection and management services, additional time for general forestry issues, and additional field inspection services. I respectfully certify that this increase is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase for $87,075.00. The funds are available in Capital Projects account(s) 32400506 445100, 31450106 445100. Original Contract Amount: $ 162,900.00 Previous Change Orders: $ 0.00 This Change Order: $ 87r075.00 Total: $ 249,975.00 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 23, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Wendel Duchscherer, an increase in the amount of $87,075.00, as more fully described in the above communication, for work relating to Citywide Tree Management Project, C #93000288. Funds for this project are available in Capital Projects accounts 32400506 445100, 3 ! 450106 445100. PASSED AYES - 9 NOES - 0 NO. 22 PURCHASE OF COMPUTER(MAHIQUES) Carol Mahiques from the Department of Public Works, Parks & Streets is hereby requesting permission from Your Honorable Body to purchase her old computer that is no longer in use. The serial number for this computer is BFXTTI88. It is for the hard drive only (no monitor or keyboard). She is offering $10.00 for the purchase of this computer. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 15, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets and Director of Purchase be, and they hereby are authorized to accept $10.00 from Carol Mahiques, for the purchase of BFXTT188 computer, hard drive only(no monitor or keyboard). PASSED AYES - 9 NOES - 0 NO. 23 REPORT OF BIDS FOR LARGE WATER METER REPLACEMENT PROJECT PHASE 3- CITY WIDE This is to advise your Honorable Body that I have advertised for and received bids on August 19, 2009 for Large Water Meter Replacement Project - Phase 3. Total base bid is the following bids received: 1. John W. Danforth Company, Inc $289,635.00 PO Box 3009 Niagara Falls, N.Y. 14204 2. Kandey Company, Inc. $307,000.00 19 Ransier Drive West Seneca, N.Y. 14224 Engineer estimate: $ 300,000.00 I hereby certify that the lowest responsible bidder is John W. Danforth Company, Inc. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount $ 289,635.00 (Base Bid) Plus 10% Contigency of $ 28,963.50 for a Total Contract Amount of $ 318,598.50. The funds are available in a Division of Water account 53180666-445100. Mr. Fontana moved That the above communication from the Commissioner of Public Works, Parks and Streets dated September 23, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Large Water Meter Replacement Project, Phase 3, to John W. Danforth Company, Inc., the lowest responsible bidder, in the amount of $289,635.00 (Base Bid) plus 10% contingency of $28,963.50 for a total contract amount of $318,598.50. Funds for the project are available in Division of Water account 53180666-445100. PASSED AYES - 9 NOES - 0 NO. 24 REPORT OF BIDS 2010 TREE TRIMMING CITY WIDE JOB #0944 VARIOUS DISTRICTS I advertised for on Ju!y 22, 2009, and received the following formal sealed bids for the 2010 Tree Trimming, City Wide, which were publicly opened and read on August 5, 2009. Contractor Base Bid Total Bid Price Schneck's Tree Removal, Inc. $129,200.00 $142,120.00 2861 Southwestern Blvd. Orchard Park, NY 14127 Woodchuck Tree Service $136,552.00 $150,207.20 208 Fairview Ct. Grand Island, NY 14072 Terry Tree Service, LLC $331,500.00 $364,650.00 225 Ballantyne Rd. Rochester, NY 14623 I hereby certify that the foregoing is a true and correct statement of all bids received and that Schneck's Tree Removal, Inc. is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $142,120.00 (*$129,200.00 + 10% = $142,120.00). I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in 13111007 471010. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 17, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for 2010 Tree Trimming, City Wide, to Schneck's Tree Removal, Inc., the lowest responsible bidder, in the amount of $t42,120.00 ($129,200.00 + 10% = $142,120.00). Funds for the project are available in 13111007 471010. PASSED AYES - 9 NOES - 0 FROM THE COMMISSIONER OF POLICE NO. 25 DRUG ASSET FORFEITURE WIRE TRANSFERS 09-DEA-508938 C2-09-0024 12,045.13 09-DEA-509281 C2-09-0029 15,546.73 09-DEA-512151 C2-09-0048 2,460.08 09-DEA-513177 C2-09-0061 1,707.25 09-DEA-514136 C2-09-0065 1,224.85 09-DEA-514296 C2-09-0067 1,708.45 09-DEA-513875 C2-09-0064 2,481.25 09-FBI-000913 3110090012 50,940.60 08-DEA-504350 C2-08-0096 1,235.56 08-DEA-506996 C2-09-0003 1,179.25 09-DEA-510888 C2-09-0039 4,964.65 09-DEA-510337 C2-09-0034 1,455.25 09-DEA-510341 C2-09-0035 3,562.18 09-DEA-510857 C2-09-0037 1,234.63 09-DEA-512322 C2-09-0051 1,764.25 09-DEA-511089 C2-04-00182,352.85 09-DEA-512313 C2-09-00502,077.45 09-DEA-513018 C2-09-00571,248.08 09-DEA-509342 C2-09-00302,204.65 08-DEA-504338 C2-08-0139175.76 06-DEA-469690 C2-06-011528,798.42 06-DEA-469690 C2-06-011524,770.70(15% SAFF) TOTAL $165,138.02 The Drug Enforcement Administration (DEA), U.S. Customs and/or the FBI has administratively forfeited the above referenced property. The funds were received by this Departraent through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. 15% of these funds have been deposited into SAFF account 10405 for fulfilling year 4 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training/Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851-4624. DRUG ASSET FORFEITURE WIRE TRANSFERS RECEIVED MAY 2009 CCP# 104,2/2/1988 09-DEA-508652 C2-09-0019 1,415.65 09-DEA-508314 C2-09-0017 1,530.08 09-DEA-509027 C2-09-0026 1,269.25 08-DEA-506793 C2-09-0002 1,265.65 09-DEA-509020 C2-09-0025 2,245.84 09-DEA-509274 C2-09-00112,702.71 09-DEA-509274 C2-09-0011 1,965.95(15% SAFF) TOTAL $13,106.33 The Drug Enforcement Administration (DEA), U.S. Customs and/or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. 15% of these funds have been deposited into SAFF account 10360 for fulfilling year 4 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training/Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851-4624. RECEIVED AND FILED FROM THE CORPORATION COUNSEL NO. 26 CERTIFICATE OF APPOINTMENT Appointment effective August 24, 2009 in the Department of Law , Division of Law to the position of Assistant Corporation Counsel II, Permanent at will, Non Competitive at the minimum salary of $61,212.00 Robert Quinn, 140 Linwood Ave Apt A-3, Buffalo, NY 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 27 USED CAR DEALER 283 BROADWAY (ELLICOTT) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 283 Broadway and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable taws. I have caused an investigation by the Police Department into the moral character of Walter Henigan Jr. The attached thereto for Walter Henigan Jr dba/Zero to Sixty Automotives Inc. This request is submitted for your approval or whatever action you deem appropriate REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 28 AD PRICE PHASE II SENIOR HOUSING PILOT AGREEMENT Attached for consideration and filing with the Common Council is a Payment In Lieu of Real Property Taxes Agreement (hereinafter referred to as PILOT Agreement) between the City of Buffalo, the County of Erie, and AD Price II, LLC. The AD Price Phase II Project is the second phase of a multi-phase development undertaken by the Buffalo Municipal Housing Authority (BMHA) to replace the outdated, deteriorating AD Price Court and AD Price Extension situated on the northern portion of the 390 Jefferson Avenue parcel at the intersection of Peckham Street. AD Price Phase II will transform 170 units built in 1939 into senior housing within a more modern and efficient building. The three-story walk-up units will be updated to three floors, two elevators and a management office. The unit mix will include 83 one-bedroom units and 12 two-bedroom units. There will be approximately 50 parking spaces constructed and new amenities include laundry facilities on each floor, a community meeting room with a kitchen, a patio area and garden beds for residents use. A total of ninety five (95) units will be reserved for households who are either at or below the 60% AMI level. The BMHA will provide a project based subsidy through HUD, which will make the units affordable to those with incomes as low at 30% of the area median income. There is a PILOT in effect presently for Phase I. The amount of the PILOT payments is calculated based upon the City's PILOT policy, which provides for the first payment in the amount of five percent (5%) of the total income of the proposed budget assuming a 5% vacancy. Payments will increase by three percent (3%) per year for the duration of the fifteen (15) year PILOT agreement. JANET Mr. Fontana moved: That the above communication from the Commissioner of Administration, Finance, Policy and Urban Affairs dated September 29, 2009, be received and filed; and That the Common Council is hereby authorized to approve the PILOT Agreement, as attached to the communication, between the City, the County of Erie and AD Price II, LLC to replace the outdated, deteriorating AD Price Court and AD Price Extension situated on the northern portion of the 390 Jefferson Avenue parcel at the intersection of Peckham Street. The amount of the PILOT payments is calculated based upon the City's PILOT policy, which provides for the first payment in the amount of five percent (5%) of the total income of the proposed budget assuming a five percent (5%) vacancy. Payments will increase by three percent (3%) per year for the duration of the fifteen (15) year PILOT Agreement. PASSED AYES - 9 NOES - 0 NO. 29 RECOMMENDATION FROM BUFFALO PRESERVATION BOARD TO BUFFALO COMMON COUNCIL APPLICATIONS FOR LANDMARKS/LANDMARK SITE: 771 BUSTI AVE. The Buffalo Preservation Board recommends that the attached application for City of Buffalo Local Landmark designation for 771 Busti Ave. be approved by Buffalo Common Council. The property is vacant and is owned by the Public Bridge Authority, located 1 Peace Bridge Plaza Buffalo, NY 14213. The landmark application was initiated and prepared by the Buffalo Preservation Board. According to Chapter 337 Article 5 of City of Buffalo Code, one of the powers and duties of the Buffalo Preservation Board is to nominate landmark, landmark sites, and historic districts to Local, State, and National registries. The attached application was reviewed by the Preservation Board at its September 3, 2009 meeting in accordance with Chapter 337 Article III of City Charter. A public hearing was held at this meeting. The Preservation Board established that 771 Busti Ave. meets six of the nine criteria outlined by the Charter for landmark designation (meeting only one criterion is required for designation): (1) It has character, interest, or value as part of the development, heritage ad cultural characteristics of the city, state, or nation (2) It exemplifies the historic, aesthetic, architectural, archeological, educational, economic or cultural characteristics of the city, state or nation. Built circa 1863, the Wilkeson House was part of a row of homes that fronted Fort Porter; now Front Park of the Olmsted Park system. It is known to be the oldest home in the neighborhood. (4) It is identified with a person or persons who significantly contributed to the development of the city, state, or Nation. The Wilkeson House serves as a singular remaining link to the Wilkeson family- one of Buffalo's most prominent founding families. The house was owned by Samuel H. Wilkeson from 1885 to 1903, grandson of the "Father of Buffalo" Samuel Wilkeson who served as an early Mayor of the City. Samuel H. Wilkeson was a notable Civil War hero, and later an owner and manger of the Wilkeson Grain Elevator. Prior to Wilkeson's ownership, the house was originally built by the Storms family; important figures in grain elevator engineering, specializing in the development of grain elevator buckets. (3) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction, or use of indigenous materials. (7) It embodies elements of design, detailing, materials, or craftsmanship that render it architecturally significant. The Wilkeson House is an excellent example of the Tuscan Villa Italianate style of architecture, and is a rare remaining example of this style in Buffalo. (9) It is a unique location or contains singular physical characteristics that make it an established familiar visual feature within the city. As noted by several neighborhood residents during the public hearing held by the Buffalo Preservation Board on September 3, 2009, the Wilkeson House is a familiar visual feature of the neighborhood because of its unique style of architecture, the age of the structure, and its rich history. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BUFFALO URBAN RENEWAL AGENCY NO 30 REQ APPROVAL TO TRANSFER TWO (2) HOMES IN SYCAMORE VILLAGE SUBDIVISION (ELL) The Sycamore Village Subdivision is a pedestrian friendly, park-like community. The subdivision is located in the block bounded by Sycamore Street, Jefferson Avenue, Matthews Street and Mortimer Street and is currently owned by the City of Buffalo Urban Renewal Agency (hereinafter referred to as "Agency"). The entire site consists of approximately 3.86 acres. The Agency has negotiated the sale of two (2) homes. Below is a list of the potential homebuyers, property addresses and proposed sale price. The Agency is requesting the Common Council approve the transfer of the following sublots located in Sycamore Village Subdivision to the following individuals at the stated minimum purchase prices: NAME SUB LOTS HOME Unit MINIMUM SALES PRICE Kathy W. Lassiter Lot 2, 381 Sycamore St $150,000.00 Brian & Alexis Hawkins Lot 13, 15 Sydni Lane $193,000.00 Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed transfer After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO 31 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 47 E. Mohawk St Mohawk Place, Inc Mohawk Place Inc. RECEIVED AND FILED NO 32 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective July 14, 2009 in the Department of Common Council Division of Masten District to the Position of Intern II Unclassified Non-Competitive Flat Starting Salary of $7.25. Cydney Johnson, 125 William St, Buffalo 14214 CERTIFICATE OF APPOINTMENT Appointment effective September 9, 2009 in the Department of Common Council Division of Masten District to the Position of Intern VI Unclassified Open-Competitive Flat Starting Salary of $10.00. Todd McAlister, 88 Connelly Ave, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment effective September 15, 2009 in the Department of Common Council Division of Masten District to the Position of Intern VI Unclassified Non-Competitive Flat Starting Salary of $10.00. Phyllis Harris, 100 Wakefield Ave, Buffalo 14214 CERTIFICATE OF APPOINTMENT Appointment effective June 24, 2009 in the Department of Common Council Division of City Clerk to the Position of Intern VI Unclassified Open-Competitive Flat Starting Salary of $10.00. Gabriel Vazquez, 217 Myrtke Ave, Buffalo 14204 John Fuqua, 351 Moselle St, Buffalo 14211 CERTIFICATE OF APPOINTMENT Appointment effective July 26, 2009 in the Department of Common Council Division of City Clerk to the Position of Intern V Unclassified Open-Competitive Flat Starting Salary of $8.00 Victoria Rucinski, 115 Dempster St, Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment effective July 14, 2009 in the Department of Common Council Division of City Clerk to the Position of Intern V Unclassified Open-Competitive Flat Starting Salary of $8.00 Victoria Chwalinski, 15 Duluth Ave, Buffalo 14216 Alexandria Chwalinski, 15 Duluth Ave Buffalo 14216 Jacqueline Rucinski, 115 Dempster St, Buffalo 14206 Jasmine Olivencia, 712 Prospect Ave, Buffalo 14213 CERTIFICATE OF APPOINTMENT Appointment effective September 14, 2009 in the Department of Common Council Division of City Clerk to the Position of Intern VI Unclassified Open-Competitive Flat Starting Salary of $10.00. Thomas J Olejniczak, 90 Weiss St, Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment effective September 11, 2009 in the Department of Common Council Division of City Clerk to the Position of Intern V Unclassified Open-Competitive Flat Starting Salary of $8.00 Alexandria Chwalinski, 15 Duluth St., Buffalo 14216 Victoria Chwalinski, 15 Duluth St, Buffalo 14216 Jacqueline Rucinski, 115 Dempster St, Buffalo 14206 Victoria Rucinski, 115 Dempster St, Buffalo 14206 Jasmine Olivencia, 712 Prospect Ave, Buffalo 14213 CERTIFICATE OF APPOINTMENT Appointment effective September 15, 2009 in the Department of Common Council Division of City Clerk to the Position of Intern V Unclassified Open-Competitive Flat Starting Salary of $8.00 Timothy Klotzbir, 171 Taunton Pl, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment effective September 21, 2009 in the Department of Common Council Division of City Clerk to the Position of Intern IX Unclassified Open-Competitive Flat Starting Salary of $11.57 Kathleen Harrington, 89 Milford St, Buffalo 14220 NO 33 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective August 17, 2009 in the Department of Public Works Division of Streets to the Position of Laborer II Permanent Non-Competitive Minimum Starting Salary of $21,527 Dominic Daniels, 501 Emslie Street, Buffalo 14212 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO 34 LP CIMINELLI-BOARD PACKET DOCUMENTS SEPT 2009 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on September 14, 2009: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated August 3, 2009 3. Fully Executed Phase III Application and Certificate for Payment No. 28 - July 2009 4. Phase III Application and Certificate for Payment No. 29 - August 2009 5. Phase IV Application and Certificate for Payment No. 14 - August 2009 6. Phase IV Johnson Controls Energy Performance Guarantee Agreement 7. Phase IV Resolution of JSCB 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - July 2009 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project - July 2009 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III- July 2009 RECEIVED AND FILED NO 35 S. COLANGELO-RESPONSE TO ARSON REWARD FUND Re: Arson Reward Fund, CCP #63, September 15, 2009 The Buffalo fire marshal's unit investigates over 500 fires per year. Many of those fires are arson related in which the marshal's investigates intensely. From our investigations we have found that many witnesses fail to come forward due to intimidation. On the other hand we have had a few come forward due to an arson reward fund which money was donated by a private company, Matter of fact last year we had three witnesses come forward and gave vital information that had led to the arrest of three individuals for an arson fire and the recovery of a stolen vehicle. We also had others that came forward and gave information just because of the reward. Establishing a dedicated arson reward fund would greatly assist the fire marshals in obtaining information. I am in complete support of a city arson reward fund. Please contact me for any further information you may need. REFERRED TO THE COMMITTEE ON LEGISLATION NO 36 FACT SHEET-INVESTIGATION AND CLEANUP-1318 NIAGARA ST (NIA) FACT SHEET Investigation and Cleanup to Begin at the 1318 Niagara Street Site Environmental Restoration Program Project No. E915213 September 2009 Introduction In September 2009, the City of Buffalo, with oversight provided by the New York State Department of Environmental Conservation (NYSDEC), will begin investigating and cleaning up the 1318 Niagara Street Site (the site) in Buffalo, Erie County. The site is contaminated with petroleum wastes and polychlorinated biphenyls (PCBs) - large bulky molecules that are oily in nature and slow to break down. PCBs had been used in electrical transformers but were banned in the 1970s because of their toxicity. The City of Buffalo submitted a plan to NYSDEC for conducting a preliminary investigation into the extent of contamination at the site. It is available for public review at the locations identified below, as well as the DEC website. In addition to investigation activities, the city will conduct an Interim Remedial Measure (IRM) to address certain environmental problems at the site. An IRM is a cleanup action that may be taken without extensive investigation to address an obvious problem that may impact human health or the environment. Work at the site is being performed under the Environmental Restoration Program (ERP), which provides financial assistance to municipalities for the cleanup at brownfield sites. Brownfields typically are former industrial sites where the real or perceived presence of contamination complicates redevelopment. Background The 1318 Niagara Street Site encompasses 0.77 acres in the western portion of the City of Buffalo. The site is surrounded by commercial and residential properties. It is not currently used and is secured with a temporary chain-link fence. Prior to 1987 the site had been used as a brewery for at least eighty years. The City of Buffalo acquired the site through foreclosure and in 2006 began to demolish structures. During demolition, underground storage tanks (USTs) were discovered. The soils adjacent to the USTs, along with soils in the vicinity of the former brewery furnace, were contaminated with PCBs and various volatile organic compounds (VOCs). The contamination occurred due to the improper storage and/or handling of oil wastes by a previous site owner. Although the City was not responsible for contaminating the site, it requested to participate in the ERP to voluntarily clean it up. What Will the Upcoming Investigation Involve? The investigation will involve soil borings to collect samples for determining the extent of contamination. Sampling will begin within a given area and depth. If contamination is present, the sampling will continue to encompass an increased area and greater depth to determine how far and how deep the contamination extends. Next Steps Based on the findings of the preliminary investigation, the City will develop plans to complete a more thorough investigation of the site, including investigation of groundwater impacts. A summary of the investigation and alternatives for cleaning up the site will be presented in a document called the Remedial Investigation and Alternatives Analysis Report. NYSDEC will then recommend a specific course of action to address the contamination in a document called the Proposed Remedial Action Plan. These reports will be subject to public comment. The final course of action will be chosen only after NYSDEC holds a public meeting to discuss the recommended cleanup plan and considers public comment. NYSDEC is expected to issue the final cleanup plan sometime in 2010. The preliminary investigation results will also be used to determine specific plans for conducting the Interim Remedial Measure. What Will the Interim Remedial Measure Involve? The IRM will primarily involve two cleanup actions, including: • Removing USTs and chemical storage drums; and • Excavating impacted surface soil and disposing it at a permitted treatment, storage, and disposal facility. Who Should I Call if I Have Questions About the Site? Comments and questions are always welcome and should be directed as follows: Environment Questions: Health Questions: Project Questions: Mr. William Murray, P.E. Ms. Scarlett Messier Mr. Dennis Sutton, C.P.G. NYSDEC Region 9 NYSDOH Planning, Deve and Inspection Office 270 Michigan Avenue 547 River Street 920 City Hall Buffalo, NY 14203 Troy, New York 12180 Buffalo, New York 14202-3376 (716) 851-7220 (800) 458-1158 ext. 27860 (716) 851-6587 wpmurrav@gw.dec.state.ny.u s DMR13@health.state.ny.us Dsutton@City-Buffalo.com If you know someone who would like to be added to the site contact list, have them contact the NYSDEC project manager above. We encourage you to share this fact sheet with neighbors and tenants, and/or post this fact sheet in a prominent area of your building for others to see. Locations to View Project Documents Project documents are available at the following locations to help the public stay informed. Buffalo & Erie County Public Library Central Branch NYSDEC Region 9 Office 1 Lafayette Square 270 Michigan Avenue Buffalo NY 14203 Buffalo, NY 14203 Phone : (716) 858-8900 Phone: (716) 851-7220 (Please call for appointment) The investigation work plan and the application to participate in the Environmental Restoration Program are available at these sites. You may also access documents on the NYSDEC Region 9 Remedial Project Information webpage, http://www.dec.nv.gov/chemical/37554.html. Look for the 1318 Niagara Street entry under the Erie County heading. RECEIVED AND FILED NO 37 R. FONTANA - CONCERNS WATER SERVICE LINE INSURANCE COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION NO 38 J. GOLOMBEK-NEW FISH HEALTH REGULATIONS-TRANS.OF EMERALD SHINER MINNOWS Please file the attached item for further consideration at the next Common Council session to be held September 29, 2009. Your assistance is greatly appreciated. Sincerely, Joseph Golombek Jr. North District Councilmember Dear Mr. Golombek th New fish health regulations went into effect March 9 2007 to protect fish resources from disease threats such as VHS. Not allowing car transport of minnows from one area to another. Change made in bait regulations effective October first allows transport by vehicles in the Greater New York city area. Bait can be transferred as long as you are within 3 miles of the Ocean shoreline. Can we in Buffalo area have a similar ruling for the Emerald Shiner Minnow? Allow transport of the Emerald Shiner within 3 miles of the Niagara River & Lake Erie, perhaps the lower Niagara and Lake Ontario. I am led to believe the Emerald Shiner is native to the Great Lakes and only thrives there. To pay $6.00 for 50 certified Emerald and $8.00 for similar amounts of frozen salted minnows does not seem like a justifiable approach as the same minnows come from the midst of the fishermen at Ferry St and Ontario St Buffalo parks where commercialism is prohibited, supposedly. New York State is striving to increase the numbers of residents fishing, from children through the Golden years. For Senior Citizens and youngsters who like to fish more than 2 or 3 time per week this becomes a money problem, therefore less fishing residents, not more. Currently Bison City Rod & Gun did hold classes annually for teaching children and others how to fish properly and safely. They also “PEN” trout to assest trout propagation in Lake Erie. This year they received the New York State Conservation Council Inc. Presidents Award. I think the ruling as it stands can only defeat our purpose “a healthier life for all and keep the kids off the streets”. I and many of friends who love to go fishing would appreciate a response to this letter and perhaps a more positive outlook. Sincerely A J Kopra (a fisherman for 70 years) REFERRED TO THE COMMITTEE ON LEGISLATION NO 39 NYSDOT-ROUTE 33 HUMBOLDT PARKWAY RECONNECTION COB-EC RE: NY ROUTE 33, HUMBOLDT PARKWAY RECONNECTION CITY OF BUFFALO, ERIE COUNTY PIN 5512,52 Dear Ms. Rushton: We are in receipt of your September 2, 2009 letter and a copy of the Resolution (Item #112CCP, 9/01/09) adopted by the Common Council. The Department is currently in the scoping phase of Project Identification Number (PIN) 5512.52 -Route 33, Reconnecting Humboldt Parkway. This project was initiated at the request of a collaboration of stakeholders including Senator Antoine Thompson, Assembly Member Crystal Peoples-Stokes and a number of other individuals and organizations. As part of the subject project an Environmental Assessment will be prepared, which will examine the environmental impacts and estimate the costs of various alternatives to cover a portion of NY Route 33 and re-establish or re-envision Humboldt Parkway. An Advisory Committee has been formed to bring the scope and limits of the project into focus prior to the selection of an engineering consultant to progress the Environmental Assessment. This Committee has met two times since being formed in August 2009, and will meet again on September 24, 2009. Council Members Demone Smith and Brian Davis have both been invited to serve on the Advisory Committee. The Department acknowledges and appreciates the support of the City of Buffalo Common Council as we begin our preliminary engineering study to reconnect the neighborhoods along Humboldt Parkway. Please feel free to contact me at (716) 847-3214 or Craig Mozrall, Assistant Regional Design Engineer, at (716) 847-3033 for further information on the project. Sincerely, Darrell F. Kaminski, P.E. RECEIVED AND FILED NO 40 NYSDEC-SEQR LEAD AGENCY WHITE LIVERY APARTMENTS-430 JERSEY SEQR LEAD AGENCY DESIGNATION WHITE'S LIVERY APARTMENTS REBUILD/RESTORATION OF FORMER LIVERY STABLE BUILDING 430 JERSEY STREET CITY OF BUFFALO, ERIE COUNTY This Department is in receipt of the proposal for the White's Livery Stable building located at 430 Jersey Street in the City of Buffalo. We have the following comments: 1. Since project activities will involve land disturbance of 1 acre or more, the project sponsor, owner or operator is required to obtain a State Pollutant Discharge Elimination System General Permit (GP-0-08-001) for Stormwater Discharges from Construction Activity. This General Permit requires the project sponsor, owner or operator to control stormwater runoff according to a Stormwater Pollution Prevention Plan (SWPPP), which is to be prepared prior to filing a Notice of Intent (NOI) and prior to commencement of the project. Information on the General Permit and required NOI filing is available on the Department's website at www.dec.gov. Since the City of Buffalo is designated as an MS4 community, the project sponsor, owner or operator of a construction activity that is subject to the requirements of an MS4 community's regulated, traditional land use control shall have their SWPPP reviewed and accepted by the MS4 community. The project sponsor, owner or operator shall have the "MS4 SWPPP Acceptance" form signed by the principle executive officer or ranking elected official from the MS4 community, or by a duly authorized representative of that person, and then th submit the form, along with the NOI, to the Department at NOTICE OF INTENT, NYSDEC, Bureau of Water Permits, 625 Broadway, 4 Floor, Albany, New York 12233-3505, telephone: 518/402-8111 to receive Department approval before construction commences. 2. Please be aware that if asbestos exists in the building to be demolished/renovated, the protection of workers is regulated by the New York State Department of Labor (716/847-7126) and Occupational Safety and Health Administration (OSHA) 716/684-3891. In addition, the disposal of friable (readily crumbled and brittle) asbestos is regulated by this Department under 6 NYCRR Part 360-2.17(p). For more information on the disposal of friable asbestos, please /~ contact Mr. Mark Hans (716/851-7220) at this Department. The presence of elemental mercury and/or lead in buildings being renovated/demolished is also a concern of the Department. Mercury is found in many different common items such as fluorescent lights and electrical switches, while lead is mainly found in older paints (pre-1980). For guidance on the proper handling and disposal of mercury and/or lead, please contact Mr. Thomas Corbett of this Department (716/851-7220) or email the Department's Mercury Task Force (dshmwrr@gw.dec. state.ny.us). 3. We have enclosed a brochure for ReStore which is a retail outlet that sells new and gently used household items, including building materials, to help fund the Habitat for Humanity group's effort to both renovate and build homes geared for ownership by low-income families. In our effort to encourage incorporation of environmentally sustainable practices on a daily basis, we urge you to contact these two organizations prior to your renovation/demolition activities, as some items may be salvageable and could be useful donations for recycling purposes. In many cases, ReStore will also pick up and remove items acceptable for donation. For further information, telephone ReStore at 716/852-6607 and Habitat for Humanity at 716/204-0740. 4. This Department is pleased that "green" building measures (to conserve energy) will be incorporated, as much as possible, into the design of the expansion project and other buildings that may be envisioned in the future for the referenced property. This Department certainly strongly encourages and recommends such green design, along with possible "deconstruction" procedures to maximize the reuse of building materials (from renovation activities) that would otherwise be disposed of as demolition debris. We concur with the City of Buffalo Planning Board acting as SEQR Lead Agency as the environmental impacts are of local significance. If you have any questions, please contact me or Ms. Lynne Judd of my staff at 716/851-7165. RECEIVED AND FILED NO 41 OLMSTED PARKS CONSERVANCY EXTENDS FITNESS CAMP Buffalo personal trainers Daniel I. Sheff, CPT (Cosmic Fitness, LLC) and Giovanni Preziuso, CPT (Fierce Fitness), in cooperation with the Buffalo Olmsted Parks Conservancy, are pleased to announce the extension of the Delaware Park Fitness Camp. After the initial five- week phase of this program, parks representatives, trainer, and participants agreed it was worth extending through the fall and winter months. In addition they have added a permanent Saturday time slot. There also are preliminary plans to expand the camp to other Olmsted parks across the city in an attempt to help Buffalo and Western New York get in better shape, while utilizing these beautiful public green spaces. Delaware Park Fitness Camp will continue to hold its classes through the end of 2009. With a flexible schedule you can attend as often as you like. Walk-ups are welcome. Classes will be held: Tuesdays, Thursdays & Saturdays from 12:30 pm – 1:30 pm, th September 1, 2009 through November 19, 2009 (except for Saturday, September 5) December 1 thru December 17, 2009 Cost per session: 20- session package - $12 ($240 total) 10-session package - $15 ($150 total) 5-session package - $17 ($85 total) Individual sessions or walk-ups are $20 Now is your chance to get outside, and get in better shape by participating in an hour long, thrice a week group exercise program under the direction and supervision of certified personal trainers. Unlike other group sessions this fitness program puts you under the supervision of multiple certified trainers, intent on proper form safety and the over-all health and fitness of participants. Working with adults ages eighteen and over, the team works to progressively improve their strength, flexibility, and range of motion. Participants are asked to bring comfortable workout clothes and sneakers, heart rate monitor (optional, but recommended), sunscreen, towel & water bottle. Showers and bathrooms are available at the Parkside Lodge and day lockers are available for rent too. Class will be held rain or shine, and in the case of rain or lighting, we have the option to move indoors (Parkside Lodge). Delaware Park Fitness Camp is located at the top of the hill near the intersection of Parkside Avenue and Route 198 (Agassiz Entrance). Park in the lot at the top of the hill near the intersection of Parkside Avenue and Route 198 (Agassiz Entrance), or inside Delaware Park near the basketball courts (East Meadow & Ring Roads). Mission Statement: “At Delaware Park Fitness Camp our mission is to help you enhance your active lifestyle by teaching you how to optimize your physical and mental well-being through education, motivation and dedication.” The Buffalo Olmsted Parks Conservancy is a not-for-profit independent, community organization that promotes, preserves, restores, enhances, and ensures maintenance of Frederick Law Olmsted designed parks and parkways in the Greater Buffalo area now and for future generations. Listed on the National Register of Historic Places. The Olmsted system in Buffalo is the first of its kind in the nation designed by America’s greatest landscape architect. Major Olmsted Parks include: Cazenovia, Delaware, Front, Martin Luther King J., Riverside and South. RECEIVED AND FILED NO 42 OLMSTED PKS JOB TRAINING PARTNERSHIP MAKING A DIFF. IN WORKER’S LIVES OLMSTED PARKS JOB TRAINING PARTNERSHIP MAKING A DIFFERENCE IN WORKERS' LIVES Former Social Services Recipient Turned Olmsted Parks Employee Invited to Japan for Landscaping and Gardening Training In 2004 the Buffalo Olmsted Parks Conservancy began a partnership with the Erie County Department of Social Services and their Workfare and PIVOT programs with the goal of giving participants the tools they need to leave the welfare system and become more independent and self-sufficient The Conservancy, managers of the Olmsted Park and Parkway System in Buffalo, trains these Individuals in park maintenance and operations and provides them with hands on experience throughout the historic park system with the hopes of retaining them as permanent members of the Operations team. One very dedicated Olmsted worker is Abi Echevarria. A single father of two, he came to the parks through Workfare in 2004, was soon promoted to PIVOT and then became an Olmsted employee. He is now a Park Foreman responsible for the beautiful landscapes that make up the Japanese Garden located near the History Museum In Delaware Park. The garden was a gift from Buffalo's Sister City, Kanazawa, Japan. Mr. Echevarria and his park's team work diligently year-round In the Japanese Garden to provide one of the most admired green spaces in the region. Their hard work has received national attention and the Garden has become a great tourist attraction, backdrop for wedding photos and a tranquil spot to relax and enjoy-nature. This year Mr. Echevarria received an unprecedented invitation from the volunteer community group, Friends of the Japanese Garden of Buffalo, to visit Kanazawa, Japan for a traineeship to learn about Japanese Gardening. Next month, he will meet Japanese colleagues for an intercultural exchange and bring their legendary experience back to Buffalo's Japanese Garden. The Conservancy and PIVOT partnership was also a positive experience for Olmsted Zone Gardener, Lucy Rivera. Ms. Rivera moved to Buffalo from Puerto Rico In 2005. In 2007, she was assigned to the Olmsted Parks through Workfare and in the same year was promoted to PIVOT to become a full-trained Zone Gardener. Lucy is now responsible for the Parkside Lodge area of Delaware Park and trains new Workfare and PIVOT participants. Her son was hired by the Conservancy in 2008. In 2008, the Community Foundation of Greater Buffalo awarded the Conservancy with a grant to support the training of more than 300 Workfare participants in landscape upkeep and maintenance. PIVOT: Placing Individuals in Vital Opportunity Training is a wage subsidy program designed to meet the hiring needs of local employers by paying the full-time wages of the participant for six months, during training. Since August 2000, over 1600 individuals have participated in the PIVOT Program. The Buffalo Olmsted Parks Conservancy is a not-for-profit, independent, community organization that promotes, preserves, restores, enhances, and ensures maintenance of Frederick Law Olmsted-designed parks and parkways in the Greater Buffalo area now and for future generations. Last year, the Conservancy released its Plan for the 21stCentury, a blueprint for the management and restoration of the entire park system. Listed on the National Register of Historic Places, the Olmsted system in Buffalo is the first of its kind in the nation designed by America's greatest landscape architect. REFERRED TO THE COMMITTEE ON FINANCE NO 43 PROPOSED AGENDA-GBNRTC The next GBNRTC-PCC meeting has been scheduled for Wednesday, October 7, 2009 9:30 am at the NYS Thruway Authority, 455 Cayuga Rd Suite 800, Cheektowaga, NY. PROPOSED AGENDA PROCEEDINGS A) Pledge of Allegiance B) Roll Call C) Public Participation D) Approval of Meeting Agenda E) Approval of Meeting Minutes - September 2, 2009 ACTION ITEMS A) Buffalo-Niagara TIGER Submittals: TIP Inclusion as Illustrative Projects B) TIP Amendments: New TCSP at BNMC; 2 New Recreational Trail Program Project Additions C) Status of TPS Authorized ARRA changes DISCUSSION ITEMS A) Subcommittee Reports: Transportation Projects Subcommittee, Bicycle/Pedestrian Subcommittee B) LRP Update Activities: Revised Activities and Proposed Subcommittee C) Next TIP: Funding Expectations and Project Status D) TRANSIMS Project: Presentation on Test Deployments and Peer Review E) Value Pricing Initiative: Study Intent and Partners F) Congestion Management Systems-approach to documentation G) Next Policy Meeting-Potential Action/Discussion Items H) Unified Planning Work Program: Approach to Development STATUS REPORTS/INFORMATION A) Member Agency Reports B) Director's Report NEXT MEETING CONFIRMATION: November 4, 2009 - Erie County DPW RECEIVED AND FILED NO 44 Y. YAFAI-VARIOUS CORRESPONDENCES-RE COMPLAINTS IN FRONT OF STORE 1304 JEFFERSON (MAS) Dear: Yousef Yafai, This letter serves as an update in regards to your inquiry filed on Saturday, May 30, 2009. The Buffalo Police Department has informed us that they have responded to your call. We will continue to work with the Buffalo Police Department regarding your Police Issue concern until we can reach a satisfactory resolution pertaining to this matter. Your concerns are important to me and I am committed to ensuring that my administration delivers a proactive government that works for you- the taxpayer. Should you have any additional concerns in regards to your inquiry, please contact my office, the Division of Citizen Services, at 311 or (716) 851-4890. In providing city services to our residents, we will do everything possible to address your concerns to the best of our ability, and within the limits of our budget to produce a responsive, efficient government. Very truly yours, Byron W. Brown Mayor, City of Buffalo REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 45 NOTICES OF APPOINTMENTS TEMP/PROV/PERM (CTY CLK) CCP# 13, 9/15 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO. 46 BFLO WATER SYSTEM MONTHLY WATER BD REPORT-AUGUST 2009 CCP# 14, 9/15 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 47 ADDITIONAL INFORMATION ON FEDERAL FINANCIAL ASSISTANCE (COMPT) CCP# I3, 9/01 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO. 48 CORRESPONDENCE BTWN COB & HUD RE HUD'S RECENT CDBG PROGRAM (AF) (#38, 6/23) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 49 AUDIT OF BUFFALO URBAN RENEWAL AGENCY AND BUFFALO ECONOMIC RENAISSANCE CORPORATION (ITEM NO. 89, C.C.P., JUNE 9, 2009) That the Common Council requests and directs that the City Comptroller immediately undertake both a financial audit and performance audit of BURA and BERC, as referenced in the City of Buffalo Charter in Article 7, §7-4(2) and 7-4(4). ADOPTED. LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 50 M. GLOMB, PETITION TO USE 192 PORTER AVENUE - FREESTANDING SIGN (ITEM NO. 18, C.C.P., SEPT. 15, 2009) That the above item be, and the same hereby is return to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 51 R. SASALA, PETITION TO USE 253 ALLEN - EXPAND PATIO & CREATE 4 PARKING SPACES (ITEM NO. 76, CC.P., SEPT. 1, 2009) (ITEM NO. 43, C.CP., SEPT. 15, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the petition of M. Glomb, agent, for permission to use 253 Allen to expand a patio and create 4 parking spaces be, and hereby is approved with the following conditions: 1. That only 4 parking spaces are to be provided 2. That the applicant must follow all City of Buffalo laws with regards to screening and fencing of parking areas. 3. That the patio expansion request is being withdrawn by the applicant. PASSED AYES - 9 NOES - 0 NO. 52 D & P GRZEBIELUCHA-CONCEMS ABANDONMENT/SALE PORTION OF S PIERCE(LOV) (#37, 6/9) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 53 M. MOSCATI, PETITION TO USE 916 DELAWARE AVENUE - GROUND SIGN (ITEM NO. 69, C.C.P., MAY 26, 2009) That the petition of M. Moscati, agent, for permission to use 916 Delaware Avenue for a 7' wide x 4' high, 6' overall height, non-illuminated sign be, and hereby is approved. Passed. AYES - 9 NOES - 0 NO. 54 M. MOSCATI, PETITION TO USE 905 DELAWARE AVENUE - GROUND SIGN (ITEM NO. 70, C.C.P., MAY 26, 2009) That the petition of M. Moscati, agent, for permission to use 905 Delaware Avenue for a 5' x 3', 5' height, non-illuminated sign be, and hereby is approved. PASSED AYES - 9 NOES - 0 NO. 55 R. FRANKE-TWO-YEARTERMLIMITS (#35, 5/12) That the above item be the same and hereby is Received and Filed. ADOPTED SPECIAL COMMITTEE ON POLICE OVERSIGHT NO. 56 UTILIZING CRIMEREPORTS.COM AS A TOOL FOR CRIME PREVENTION (ITEM NO. 125, C.C.P., APR. 15, 2008) (ITEM NO. 87, C.C.P., SEPT. 30, 2008) That the Common Council supports exploring the use of CrimeReports.com as a crime prevention mechanism of the 2 l=t century, believes it ultimately will make our neighborhoods safer, and is interested in implementing the system here; That this item be sent to the Buffalo Police Department for their thoughts, comments, and suggestions. ADOPTED RESOLUTIONS NO. 57 BY: COUNCILMEMBER DAVIS APPROVAL TO TRANSFER TWO (2) HOMES IN SYCAMORE VILLAGE SUBDIVISION WHEREAS, the City of Buffalo Urban Renewal Agency has approved the transfer of two (2) homes in the City of Buffalo Sycamore Village Subdivision to two (2) individual homebuyers; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and NOW, THEREFORE, BE IT RESOLVED: 1. That the Mayor, the Chairman, Vice-Chairman, or any duly authorized officer of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey lands to the following purchasers which is subject to approval of Agency Legal Counsel: NAME SUB LOTS MINIMUM SALES PRICE HOME Unit Kathy W. Lassiter Lot 2, 381 Sycamore St $150,000.00 Brian & Alexis Hawkins Lot 13, 15 Sydni Lane $193,00000 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 58 BY: COUNCILMEMBER DAVIS SET PUBLIC HEARING SYCAMORE VILLAGE SUBDIVISION 15 SYDNI LANE AND 381 SYCAMORE WHEREAS, the City of Buffalo Urban Renewal Agency and two (2) individual homebuyers have negotiated Purchase Contracts for two (2) homes in the Sycamore Village Subdivision; and; WHEREAS, the terms of said Purchase Contracts have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land may be approved only after a public hearing with due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 3rd day of October 2009. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M in the Council Chambers on the 13th of October 2009. ADOPTED NO. 59 RESOLUTION BY: MESSRS. FRANCZYK & LOCURTO COMMON COUNCIL REQUESTING THAT THE MAYOR INCLUDE $1 MILLION IN THE CITY OF BUFFALO'S 2010-2012 BUDGETS FOR THE FRANK LLOYD WRIGHT'S DARWIN D. MARTIN HOUSE COMPLEX PHASE V RENOVATION WORK Whereas The Darwin D. Martin House complex exemplifies Frank Lloyd Wright's Prairie House ideal and ranks as one of his finest residential works. The Martin house complex is a one-of-a-kind composition consisting of the main Martin House, the smaller Barton House, and a carriage house with chauffeur's quarters, a gardener's cottage and a glass-roofed conservatory linked to the main house by a 100-foot pergola; and Whereas The Martin House, with its national and international appeal, is widely recognized as a pivotal component of the WNY economic development initiative. It is integral to the region's focus on promoting and enhancing the cultural tourism segment of the regional economy; and Whereas Public funding support is absolutely critical to the project's momentum and completion. Investments will yield major economic benefits for decades. Based upon the performance of other major Frank Lloyd Wright attractions and other comparable historic sites throughout the United States, the Martin House complex, when completed, can be expected to attract up to 84,000 visitors annually. The ripple effect upon the hospitality sector and other regional attractions from increased tourism spending will provide a healthy infusion to the regional, and state economy, all of which will have an positive impact on the City of Buffalo economy; and Whereas The Martin House Restoration Corporation has raised $43 million, through both public and private funding, since the start of the restoration project in 1996. However, to date, the City of Buffalo has not contributed any fimding, to any of the restoration phases of the Darwin D. Martin House Complex; and Whereas Currently, the Martin I-louse Restoration Corporation is ready to start Phase V, which will include upgrading all of the mechanical, electrical, plumbing systems, including the monitoring/suppression and campus-wide IT system, interior plaster, paint and wood restoration, at a cost of approximately $8+ million. The Corporation has $3.5 million ready, but there is a gap of approximately $6 needed to commence the project; and Whereas: In light of the fact, that in 2011, over 2,000 preservationist will hold their convention in the City of Buffalo, it is imperative that the timeline for completing Phase V stay on target, so that the Darwin D. Martin House Complex is completed prior to 2011; Now, Therefore, Be It Resolved That: The Buffalo Common Council does hereby request that the City of Buffalo Administration explore any and all avenues for providing funding in the amount of $1 million, in the next two City budgets (2010- 2012) that could be contributed to the Darwin D. Martin House Complex for completing Phase V of the restoration project; and Be It Finally Resolved That: Copies of this resolution be forwarded to the Mayor of the City of Buffalo and the Commissioner of Administration and Finance for review and comment. ADOPTED NO. 60 BY: MR. KEARNS BUFFALO LAKESIDE COMMERCE PARK IMPROVEMENTS TO THE SANITARY SEWER SYSTEM Whereas: tile Buffalo Lakeside Commerce Park is a former Brownfield Site located in the southwestern portion of the City of Buffalo: and Whereas: the Buffalo Lakeside Commerce Park is one of the most important development sites in the City: and Whereas: tile County of Erie through the Erie County Sewer District No. 6 provides sanitary sewer services to the Buffalo Lakeside Commerce Park per an agreement with tile Buffalo Urban Development Corporation and the Buffalo Sewer Authority; and Whereas: improvements to tile sanitary sewer system ill the Buffalo Lakeside Commerce Park are necessary to allow for additional land purchases to be secured for the area; and Whereas: tile County of Erie desires to apply to the New York Department of the State's Local Government Efficiency grant program for $387,000 to fund sanitary sewer system improvements required to support the continued development in tile Buffalo Lakeside Commerce Park: and Now, Therefore, Be It Resolved: that the City of Buffalo Common Council supports the County of Erie's Local Government Efficiency grant application to partially fired the "Sanitary Sewer Improvements in the Lakeside Commerce Park": and Now, Therefore, Be it Further Resolved: that the City of Buffalo Common Council authorizes the County of Erie to list tile City of Buffalo as a co-applicant for the grant application; and Now, Therefore, Be It Finally Resolved: that tile City Clerk be directed to send certified copies of this resolution to Mayor Byron Brown. Peter M. Cammarata-Buffalo Urban Development Corporation, Kathy Konst-Commissioner, Erie County Department of Environment and Planning, and Michael Quinn- Deputy Commissioner, Erie County Division of Sewerage Management. PASSED AYES - 9 NOES - 0 NO. 61 SPONSOR: MR. MICHAEL P. KEARNS SUBJECT: TAKING PREVENTATIVE MEASURES DURING FLU SEASON Whereas: Many health care experts are warning of the potential for a world-wide pandemic involving H1Nlor other related contagions during the upcoming cold and flu season; and Whereas: City workers and residents may find themselves at greater risk of falling ill from a seasonal flu or other virus through interaction with the public in City Hall and other places; and Whereas: Health care professionals and the medical community have stressed the importance of increasing public awareness of simple preventative measures that can be taken to decrease the likelihood of being infected with, or spreading, a seasonal flu or other virus; and Whereas: Many businesses have begun to install hand sanitizer dispensers in areas frequented by large groups of people as a precaution against the flu and and the United States Army has begun issuing hand sanitizer gel as a proactive means of halting the spread of viruses; and Whereas: The simplest protective measures against becoming infected with, or spreading, a seasonal flu or virus are to be vaccinated and to utilize basic hygiene measures such as thorough hand washing with soap and water or a hand sanitizer gel. Now Therefore Be It Resolved: That this Common Council hereby directs the City Clerk to immediately purchase and install hand sanitizers, of a variety approved to stem the spread of diseases, viruses and germs (i.e., containing at least 60% alcohol), and install hand sanitizer dispensers in all Common Council offices, meeting and copier rooms, and Council Chambers; and Be It Further Resolved: That all City employees are hereby encouraged to acquaint themselves with symptoms ofH1N1, as well as preventative measures for avoiding infection by, and the spread of, contagions that could cause the flu and other viruses in the workplace. ADOPTED NO. 62 BY: MR. SMITH RE: TRAILBLAZING SIGN IN HONOR OF PASTOR EULA B. FOSTER Whereas: Trailblazing Signs, otherwise known as honorary street names, are generally assigned to honor and commemorate noteworthy persons associated with the City of Buffalo; and Whereas: The Common Council has received a request for a Trailblazing Sign to honor Pastor Eula B. Foster, who passed away in 2004; and Whereas: Pastor Foster was a co-founder of Pentecostal Deliverance Prayer Center, which was established in 1966 at 76 Cornwall Avenue in the City of Buffalo, where it still remains; and Whereas: Pastor Foster dedicated most of her life to her congregation and was responsible for helping and encouraging countless people within her community. Pastor Foster encouraged self empowerment, the seeking of truth, the pursuit of enlightenment, and treating others with love, patience and compassion; and Whereas: An honorary sign is desired to commemorate Pastor Eula B. Foster as a noteworthy person on Cornwall Avenue in the Masten District; and Whereas: A Trailblazing Sign would be an appropriate honor for Pastor Foster considering her long-time ministry at Pentecostal Deliverance Prayer Center, where she set an example for others with her tireless work ethic, strong faith, integrity, and willingness to listened to and counsel those in need; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby approves the installation of Trailblazing Signs proclaiming the portion of Cornwall Avenue from East Delevan Avenue to East Ferry Street as "Pastor Eula B. Foster Way;" and Be It Further Resolved: That the Department of Public Works, Parks and Streets is directed to erect the signs to this effect once all fees posting of the trailblazing signs has been satisfied. PASSED AYES - 9 NOES - 0 NO. 63 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Kathleen A. Granelli TOTAL 1 ADOPTED NO. 64 ANNOUNCEMENT OF COMMITTEE MEETINGS th The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, October 6, 2009 at 9:45 o'clock A.M. Committee on Finance Tuesday, October 6, 2009 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, October 6, 2009 at 1:00 o'clock P.M. Committee on Legislation Tuesday, October 6, 2009 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 65 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell the Council adjourned at 2:40 pm GERALD CHWALINSKI CITY CLERK Board of Police and Fire Pension Proceedings #8 Office of the Mayor-201 City Hall September 17, 2009 Present: Hon. David A. Rodriguez, Acting Corporation Counsel Gerald Chwalinski, City Clerk Darryl McPherson, City Auditor The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the months of August and September 2009 amounting to $3,740.00 each month, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-3. Noes-0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the months of August and September 2009 amounting to $2,815.00 each month and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-3. Noes-0. Received and Filed No. 3 On motion by Mr. McPherson the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:05 a.m.